Lawyer
Dmitriy Konovalenko
Problem Overview
The client ended up in Interpol’s international database based on a diffusion request from the Russian Federation. The basis for the search was a theft allegedly committed in 2015 in the Moscow region.
A diffusion was issued for the client, based on an arrest warrant issued by a Russian court. Despite the fact that it involved a minor property crime, the information remained in the international search system, creating serious risks:
- detention in foreign countries,
- initiation of extradition procedures,
- substantial restrictions on freedom of movement.
Given these circumstances, the client appealed to the Interpol Commission for File Control (CCF), requesting the removal of the data as disproportionate and not serving the purpose of international police cooperation.
Position of the Requesting State
The Russian side stated that:
- the client is suspected of stealing property as part of a group;
- the damages amounted to 42,392 rubles;
- an arrest warrant was issued in the case;
- the crime formally falls under criminal responsibility.
On this basis, Russia insisted on keeping the information in Interpol’s database.
Defense Position and Key Arguments
The defense developed its arguments in several directions.
1. Insignificance of the Offense
The defense pointed out that:
- it was a one-time property crime;
- the damage was minimal;
- the act was not violent;
- the crime was not related to organized crime.
2. Extradition Denials
The key argument was the decisions of foreign countries:
- Moldova refused extradition, citing the amnesty law and the absence of grounds for prosecution;
- the Czech Republic refused to extradite, pointing to the risks of violating human rights and the disproportionality of the criminal prosecution.
Both countries concluded that the criminal prosecution did not meet the requirements of justice and legal certainty.
3. Lack of International Interest
The defense argued that:
- the case does not pose a threat to international security;
- the nature of the allegations does not justify an international search;
- the use of Interpol’s mechanisms in this case is excessive.
Interpol Commission’s Evaluation
The Commission carefully analyzed the materials of the case and came to the following conclusions:
-
the damage in the case is minimal;
-
the crime falls under the category of common criminal offenses and does not have transnational significance;
-
extradition was officially denied by two countries;
-
further storage of the data violates the principle of proportionality;
-
the use of Interpol’s mechanisms in this case does not align with the goals of international cooperation.
The Commission also emphasized that storing such data violates the requirements of Articles 12 and 35 of Interpol’s Rules on Data Processing.
Final decision
After reviewing the case, the Interpol Files Control Commission reached the following conclusions:
- the data on the applicant does not correspond to the objectives and principles of international police cooperation;
- the retention of the information is disproportionate and unjustified;
- the applicant’s extradition has been deemed impossible by the competent authorities of several states;
- the information does not meet the requirements of relevance and necessity.
In view of this, the Commission decided:
to delete all data on the applicant from Interpol’s files.
This decision means the termination of the international search and the exclusion of the applicant from all Interpol record-keeping systems.
Conclusion
The case in question demonstrates that even in the presence of formal criminal prosecution, the use of Interpol mechanisms must comply with the principles of proportionality, reasonableness, and international interest.
In the absence of these conditions, the data must be deleted and the international search must be terminated.
If you find yourself in a similar situation
If you are subject to:
- an international search warrant,
- a case that is formal or outdated,
- extradition that has been denied,
- signs of abuse of Interpol mechanisms,
it is advisable to immediately consult with specialists in international criminal law.
A well-constructed legal position allows you to have your data removed from Interpol and restore your freedom of movement.
